Same-sex marriage in Michigan has been legal since the
U.S. Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
's ruling in ''
Obergefell v. Hodges
''Obergefell v. Hodges'', ( ), is a landmark LGBT rights case in which the Supreme Court of the United States ruled that the fundamental right to marry is guaranteed to same-sex couples by both the Due Process Clause and the Equal Protection ...
'' on June 26, 2015. The
U.S. state
In the United States, a state is a constituent political entity, of which there are 50. Bound together in a political union, each state holds governmental jurisdiction over a separate and defined geographic territory where it shares its sover ...
of
Michigan
Michigan () is a state in the Great Lakes region of the upper Midwestern United States. With a population of nearly 10.12 million and an area of nearly , Michigan is the 10th-largest state by population, the 11th-largest by area, and the ...
had previously banned the recognition of same-sex unions in any form after a popular vote added an amendment to the
Constitution of Michigan
The Constitution of the State of Michigan is the governing document of the U.S. state of Michigan. It describes the structure and function of the state's government.
There have been four constitutions approved by the people of Michigan. The fi ...
in 2004. A
statute
A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by le ...
enacted in 1996 also banned both the licensing of
same-sex marriage
Same-sex marriage, also known as gay marriage, is the marriage of two people of the same Legal sex and gender, sex or gender. marriage between same-sex couples is legally performed and recognized in 33 countries, with the most recent being ...
s and the recognition of same-sex marriages from other jurisdictions.
On March 21, 2014, the
U.S. District Court for the Eastern District of Michigan
The United States District Court for the Eastern District of Michigan (in case citations, E.D. Mich.) is the federal district court with jurisdiction over of the eastern half of the Lower Peninsula of the State of Michigan. The Court is based ...
ruled the state's denial of marriage rights to same-sex couples unconstitutional. More than 300 same-sex couples married in Michigan the next day before the
Sixth Circuit Court of Appeals
The United States Court of Appeals for the Sixth Circuit (in case citations, 6th Cir.) is a federal court with appellate jurisdiction over the district courts in the following districts:
* Eastern District of Kentucky
* Western District of K ...
stayed enforcement of the district court's decision. On November 6, the Sixth Circuit reversed the lower court's ruling and upheld Michigan's ban on same-sex marriage. The state was ordered to recognize the 323 marriages performed on March 22, and the state announced it would not appeal that order.
Legal history
Statutes
In June 1995, the
Michigan House of Representatives
The Michigan House of Representatives is the lower house of the Michigan Legislature. There are 110 members, each of whom is elected from constituencies having approximately 77,000 to 91,000 residents, based on population figures from the 2010 ...
voted 88–14 to ban same-sex marriage in the state, and the
Michigan State Senate
The Michigan Senate is the upper house of the Michigan Legislature. Along with the Michigan House of Representatives, it composes the state legislature, which has powers, roles and duties defined by Article IV of the Michigan Constitution, ado ...
voted 31–2 in favor. That same month, the House approved by a 74–28 vote a bill banning recognition of out-of-state same-sex marriages. The Senate also approved this bill.
[House OK's ban on gay marriages](_blank)
/ref>[State Senate OK's gay marriage, sends bill to Engler](_blank)
/ref> Governor John Engler
John Mathias Engler (born October 12, 1948) is an American businessman and politician who served as the 46th Governor of Michigan from 1991 to 2003. A member of the Republican Party, he later worked for Business Roundtable, where '' The Hill'' ...
signed both bills into law.
Constitutional amendment
In 2004, voters approved a constitutional amendment
A constitutional amendment is a modification of the constitution of a polity, organization or other type of entity. Amendments are often interwoven into the relevant sections of an existing constitution, directly altering the text. Conversely, t ...
, Michigan Proposal 04-2
Michigan Proposal 04-2
, Michigan Department of State. Accessed 19 December 2006. of 2004, is an ...
, that banned same-sex marriage
Same-sex marriage, also known as gay marriage, is the marriage of two people of the same Legal sex and gender, sex or gender. marriage between same-sex couples is legally performed and recognized in 33 countries, with the most recent being ...
and civil union
A civil union (also known as a civil partnership) is a legally recognized arrangement similar to marriage, created primarily as a means to provide recognition in law for same-sex couples. Civil unions grant some or all of the rights of marriage ...
s in the state. It passed with 58.6% of the vote. The Michigan Supreme Court
The Michigan Supreme Court is the highest court in the U.S. state of Michigan. It is Michigan's court of last resort and consists of seven justices. The Court is located in the Michigan Hall of Justice at 925 Ottawa Street in Lansing, the state ...
later ruled that public employers in Michigan could not grant domestic partnership
A domestic partnership is a legal relationship, usually between couples, who live together and share a common domestic life, but are not married (to each other or to anyone else). People in domestic partnerships receive benefits that guarantee r ...
benefits given the restrictions imposed by the amendment.
Lawsuits
''DeBoer v. Snyder''
On January 23, 2012, a lesbian
A lesbian is a Homosexuality, homosexual woman.Zimmerman, p. 453. The word is also used for women in relation to their sexual identity or sexual behavior, regardless of sexual orientation, or as an adjective to characterize or associate n ...
couple filed a lawsuit
-
A lawsuit is a proceeding by a party or parties against another in the civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used in reference to a civil actio ...
, ''DeBoer v. Snyder'', in the U.S. District Court for the Eastern District of Michigan
The United States District Court for the Eastern District of Michigan (in case citations, E.D. Mich.) is the federal district court with jurisdiction over of the eastern half of the Lower Peninsula of the State of Michigan. The Court is based ...
, challenging the state's ban on adoption by same-sex couples
Same-sex adoption is the adoption of children by same-sex couples. It may take the form of a joint adoption by the couple, or of the adoption by one partner of the other's biological child ( stepchild adoption).
Joint adoption by same-sex cou ...
. In August 2012, Judge Bernard A. Friedman
Bernard A. Friedman (born September 23, 1943) is a senior United States district judge of the United States District Court for the Eastern District of Michigan.
Education and career
Born in Detroit, Michigan, Friedman received a Juris Doctor f ...
invited the couple to amend their suit to challenge the state's ban on same-sex marriage, "the underlying issue". On March 7, 2013, Friedman announced that he would delay ruling pending the outcome of two same-sex marriage cases before the U.S. Supreme Court, ''United States v. Windsor
''United States v. Windsor'', 570 U.S. 744 (2013), is a landmark United States Supreme Court civil rights case concerning same-sex marriage. The Court held that Section 3 of the Defense of Marriage Act (DOMA), which denied federal recognition o ...
'' and '' Hollingsworth v. Perry''. Friedman held a trial from February 25 to March 7, 2014. On March 21, he ruled for the plaintiffs, ending Michigan's denial of marriage rights to same-sex couples. Attorney General
In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG or Atty.-Gen) is the main legal advisor to the government. The plural is attorneys general.
In some jurisdictions, attorneys general also have exec ...
Bill Schuette
William Duncan Schuette ( ; born October 13, 1953) is an American lawyer and politician who served as the 53rd attorney general of Michigan from 2011 to 2019. He was the unsuccessful Republican nominee for Senate in 1990 and for Governor of Mich ...
immediately filed an emergency motion requesting a stay
Stay may refer to:
Places
* Stay, Kentucky, an unincorporated community in the US
Law
* Stay of execution, a ruling to temporarily suspend the enforcement of a court judgment
* Stay of proceedings, a ruling halting further legal process in a tri ...
of the ruling.
Four of Michigan's 83 county clerk
A clerk is a white-collar worker who conducts general office tasks, or a worker who performs similar sales-related tasks in a retail environment. The responsibilities of clerical workers commonly include record keeping, filing, staffing service ...
s opened their offices on Saturday, March 22, to issue marriage license
A marriage license (or marriage licence in Commonwealth spelling) is a document issued, either by a religious organization or state authority, authorizing a couple to marry. The procedure for obtaining a license varies between jurisdiction ...
s to same-sex couples: Barbara Byrum
Barbara Anne Byrum (born November 10, 1977) is a Democratic politician from the State of Michigan. Byrum currently serves as the Ingham County Clerk. Prior to her election to the position of Clerk, Byrum represented the 67th District in the Mich ...
of Ingham County
Ingham County ( ) is a county located in the U.S. state of Michigan. As of the 2020 Census, the population was 284,900. The county seat is Mason. Lansing, the state capital of Michigan, is largely located within the county. (Lansing is the only ...
, Nancy Waters of Muskegon County
Muskegon County is a county in the U.S. state of Michigan. As of 2020, the population was 175,824. The county seat is Muskegon.
Muskegon County comprises the Muskegon, MI Metropolitan Statistical Area, which is part of the larger Grand Rapids- ...
, Lisa Brown of Oakland County
Oakland County is a County (United States), county in the U.S. state of Michigan. It is part of the Metro Detroit, metropolitan Detroit area, located northwest of the city. As of the 2020 United States Census, 2020 Census, its population was 1, ...
, and Lawrence Kestenbaum
Lawrence Kestenbaum (born September 13, 1955) is an attorney, politician, and the creator and webmaster of ''The Political Graveyard'' website.
Early life and education
Although he was born in Chicago, Illinois, Kestenbaum was raised in East ...
of Washtenaw County
Washtenaw County () is a county located in the U.S. state of Michigan. At the 2020 census, the population was 372,258. The county seat is Ann Arbor. The county was authorized by legislation in 1822 and organized as a county in 1826.
Washtenaw ...
. The four counties issued 323 marriage licenses to same-sex couples that day. The Sixth Circuit Court of Appeals
The United States Court of Appeals for the Sixth Circuit (in case citations, 6th Cir.) is a federal court with appellate jurisdiction over the district courts in the following districts:
* Eastern District of Kentucky
* Western District of K ...
temporarily stayed enforcement of Friedman's ruling that same day, and stayed the ruling indefinitely on March 25. On March 28, U.S. Attorney General Eric Holder
Eric Himpton Holder Jr. (born January 21, 1951) is an American lawyer who served as the 82nd Attorney General of the United States from 2009 to 2015. Holder, serving in the administration of President Barack Obama, was the first African America ...
announced that the federal government
A federation (also known as a federal state) is a political entity characterized by a union of partially self-governing provinces, states, or other regions under a central federal government (federalism). In a federation, the self-governin ...
would recognize the validity of the same-sex marriages licensed on March 22.
On November 6, 2014, the Sixth Circuit reversed the lower court's ruling and upheld Michigan's ban on same-sex marriage. The case was later incorporated into ''Obergefell v. Hodges
''Obergefell v. Hodges'', ( ), is a landmark LGBT rights case in which the Supreme Court of the United States ruled that the fundamental right to marry is guaranteed to same-sex couples by both the Due Process Clause and the Equal Protection ...
'' and decided along with several other Sixth Circuit court cases related to the legality of state bans on same-sex marriage. On June 26, 2015, the U.S. Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
handed down a ruling in favor of the plaintiffs and legalized same-sex marriage throughout the United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
. The court held that the Due Process
Due process of law is application by state of all legal rules and principles pertaining to the case so all legal rights that are owed to the person are respected. Due process balances the power of law of the land and protects the individual pers ...
and Equal Protection
The Equal Protection Clause is part of the first section of the Fourteenth Amendment to the United States Constitution. The clause, which took effect in 1868, provides "''nor shall any State ... deny to any person within its jurisdiction the equa ...
clauses of the Fourteenth Amendment guarantee same-sex couples the right to marry. Governor Snyder issued the following statement, "Our state government will follow the law and our state agencies will make the necessary changes to ensure that we will fully comply.", and Attorney General Schuette said the state would "honor, respect and uphold the decision of the Supreme Court of the United States". Representative Debbie Dingell
Deborah Ann Dingell (; ; November 23, 1953) is an American politician and member of the Democratic Party who has been the U.S. representative for Michigan's 12th congressional district since 2015. She is the widow of John Dingell, her predecess ...
said, "Love is love. It's not ours to judge. Today the Supreme Court affirmed that individuals can love whomever they choose. I'm simply happy for my friends, April and Jayne, who have five wonderful children they want to be able to adopt and love. I can't wait to attend their wedding." State Senator Jim Ananich
James Ananich ( ; born September 20, 1975) is a politician from the State of Michigan. He is a Democratic Party member of the Michigan State Senate representing the 27th district, which is located in Genesee County and includes the cities Burto ...
called it a "great day for everyone who believes in equal rights", and Representative Sander Levin
Sander Martin Levin (born September 6, 1931) is an American politician who served in the United States House of Representatives from 1983 to 2019, representing (numbered as the from 1983 to 1993 and as the from 1993 to 2013). Levin, a member o ...
said it was a "historic day, reflecting what each of us knows in our hearts and within our communities, we are all equal and should be able to marry who we love." Representatives Brenda Lawrence
Brenda Lulenar Lawrence (born October 18, 1954) is an American politician who served as the U.S. representative from Michigan's 14th congressional district from 2015 to 2023. A member of the Democratic Party, Lawrence served as mayor of Southfield ...
and John Conyers
John James Conyers Jr. (May 16, 1929October 27, 2019) was an American politician of the Democratic Party who served as a U.S. representative from Michigan from 1965 to 2017. The districts he represented always included part of western Detroit. ...
also welcomed the court decision. The Majority Leader of the Michigan Senate, Arlan Meekhof, said he was "disappointed" and "concerned by the Court's decision to disregard states' rights in favor of the federal government". Michigan's Catholic
The Catholic Church, also known as the Roman Catholic Church, is the largest Christian church, with 1.3 billion baptized Catholics worldwide . It is among the world's oldest and largest international institutions, and has played a ...
bishops released a statement that the ruling would "have a significant ripple effect upon the first amendment right to religious liberty".
''Caspar v. Snyder''
Eight same-sex couples represented by the American Civil Liberties Union
The American Civil Liberties Union (ACLU) is a nonprofit organization founded in 1920 "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States". T ...
(ACLU) filed suit in U.S. district court on July 25, 2014, seeking recognition of their so-called "window marriages" established on March 21 and 22, 2014 before the Sixth Circuit Court of Appeals stayed the district court's ruling in ''DeBoer''. The state had asked the district court to suspend proceedings pending final resolution of ''DeBoer'' or to find those marriages invalid. On January 15, 2015, U.S. District Judge Mark A. Goldsmith
Mark Allan Goldsmith (born August 1952) is a United States district judge of the United States District Court for the Eastern District of Michigan.
Early life and education
Born in Detroit, Goldsmith was a member of the first graduating clas ...
ruled that the state must recognize those marriages, but stayed implementation of his ruling for 21 days. He wrote: "In these circumstances, what the state has joined together, it may not put asunder." On February 4, Governor Rick Snyder
Richard Dale Snyder (born August 19, 1958) is an American business executive, venture capitalist, attorney, accountant, and politician who served as the 48th governor of Michigan from 2011 to 2019. A member of the Republican Party, Snyder previ ...
announced that the state would recognize those marriages and would not appeal
In law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and ...
the decision.
''Carrick v. Snyder''
In January 2015, Pastor Neil Patrick Carrick of Detroit
Detroit ( , ; , ) is the largest city in the U.S. state of Michigan. It is also the largest U.S. city on the United States–Canada border, and the seat of government of Wayne County. The City of Detroit had a population of 639,111 at th ...
brought a case, ''Carrick v. Snyder
''Carrick v. Snyder'' was a 2015 federal court case requesting that the plaintiff Rev. Neil Patrick Carrick be allowed to perform marriage ceremonies that are currently prohibited, including same sex and polygamous wedding ceremonies.
The case l ...
'', against Michigan, arguing that the state's ban of same-sex marriage and polygamy
Crimes
Polygamy (from Late Greek (') "state of marriage to many spouses") is the practice of marrying multiple spouses. When a man is married to more than one wife at the same time, sociologists call this polygyny. When a woman is married ...
violated the Free Exercise and Equal Protection clauses of the U.S. Constitution. The case was dismissed for lack of standing
Standing, also referred to as orthostasis, is a position in which the body is held in an ''erect'' ("orthostatic") position and supported only by the feet. Although seemingly static, the body rocks slightly back and forth from the ankle in the s ...
in February 2016.
Developments after legalization
Following the 2022 elections
The following elections are scheduled to occur in 2022. The National Democratic Institute also maintains a calendar of elections around the world.
* 2022 United Nations Security Council election
* 2022 national electoral calendar
* 2022 local e ...
, in which the Democratic Party Democratic Party most often refers to:
*Democratic Party (United States)
Democratic Party and similar terms may also refer to:
Active parties Africa
*Botswana Democratic Party
*Democratic Party of Equatorial Guinea
*Gabonese Democratic Party
*Demo ...
won full control of the state government for the first time since 1983, some Democratic lawmakers said they were considering introducing a constitutional amendment to repeal the 2004 ban. Representative Jeremy Moss
Jeremy Allen Moss (born June 23, 1986) is an American Democratic politician from Michigan currently representing the 7th State Senate District, which includes Farmington, Farmington Hills, Ferndale, Hazel Park, Huntington Woods, Lathrup Vil ...
said, "Regardless of what happens with ''Obergefell'' in the future – which obviously, there is a threat it could be overturned – right now, we have unconstitutional language in our Constitution. €¦We should be working now, as we should have been working, to repeal the language in our constitution that bans marriage equality." Attorney General Dana Nessel
Dana Michelle Nessel (born April 19, 1969) is an American politician and lawyer serving as the 54th Attorney General of Michigan since January 2019. She is a member of the Democratic Party.
Nessel is the second openly lesbian woman elected at ...
said she would push for such an amendment to be passed and placed on the ballot
A ballot is a device used to cast votes in an election and may be found as a piece of paper or a small ball used in secret voting. It was originally a small ball (see blackballing) used to record decisions made by voters in Italy around the 16t ...
for approval by voters.
Native American nations
Same-sex marriage is legal on the reservations of the Bay Mills Indian Community
The Bay Mills Indian Community (BMIC) (Ojibwe: Gnoozhekaaning, lit. "Place of the Pike"), is an Indian reservation forming the land base of one of the many federally recognized Sault Ste. Marie bands of Chippewa (aka Ojibwa).
The largest section ...
, the Keweenaw Bay Indian Community
The L'Anse Indian Reservation is the land base of the federally recognized Keweenaw Bay Indian Community ( oj, Gakiiwe’onaning) of the historic Lake Superior Band of Chippewa Indians. (The Keweenaw Bay Indian Community was defined in 1934 by t ...
, the Little Traverse Bay Bands of Odawa Indians
The Little Traverse Bay Bands of Odawa Indians (LTBBOI, oj, Waganakising Odawa) is a federally recognized Native American tribe of Odawa. A large percentage of the more than 4000 tribal members continue to reside within the tribe's traditiona ...
, and the Sault Tribe of Chippewa Indians
The Sault Ste. Marie Tribe of Chippewa Indians (pronounced "Soo Saint Marie", oj, Baawiting Anishinaabeg), commonly shortened to Sault Tribe of Chippewa Indians or the more colloquial Soo Tribe, is a federally recognized Native American tribe in ...
, four federally recognized Ojibwe
The Ojibwe, Ojibwa, Chippewa, or Saulteaux are an Anishinaabe people in what is currently southern Canada, the northern Midwestern United States, and Northern Plains.
According to the U.S. census, in the United States Ojibwe people are one of ...
tribes. The Little Traverse Bay Bands of Odawa Indians was the first Native American tribe to legalize same-sex marriage in Michigan when its Tribal Council voted to legalize in March 2013. The Tribal Chairman, Dexter McNamara, signed the legislation on March 15, 2013, and the first couple, Tim LaCroix and Gene Barfield, were married near Harbor Springs
Harbor Springs is a city and resort community in Emmet County, Michigan. The population was 1,194 in the 2010 census.
Harbor Springs is in a sheltered bay on the north shore of the Little Traverse Bay on Lake Michigan. The Little Traverse Li ...
that same day. The Tribal Code states: "Marriage means the legal and voluntary union of two persons to the exclusion of all others". The Keweenaw Bay Indian Community Tribal Council voted in November 2014 to hold a non-binding referendum
A referendum (plural: referendums or less commonly referenda) is a direct vote by the electorate on a proposal, law, or political issue. This is in contrast to an issue being voted on by a representative. This may result in the adoption of a ...
on legalizing same-sex marriage on the reservation. The referendum was held on December 13, 2014, and passed with 54% of the vote. Provisions permitting same-sex marriages to be performed were included into the Tribal Code after the Tribal Council approved the changes on June 6, 2015. The Sault Tribe of Chippewa Indians legalized same-sex marriage on July 7, 2015, and the Bay Mills Executive Council approved a marriage ordinance permitting same-sex marriages to be solemnized on their reservation on July 8, 2019.
Same-sex marriage has also been legal on the reservation of the Pokagon Band of Potawatomi Indians
Pokagon Band of Potawatomi Indians ( Potawatomi: Pokégnek Bodéwadmik) are a federally recognized Potawatomi-speaking tribe based in southwestern Michigan and northeastern Indiana. Tribal government functions are located in Dowagiac, Michigan. ...
since May 8, 2013. The first same-sex marriage was performed for Daniel Hossler and Enrico Perez in Dowagiac on June 20, 2013. Same-sex marriage has also been legal in the Hannahville Indian Community
The Hannahville Indian Community is a federally recognized Potawatomi tribe residing in Michigan's Upper Peninsula, approximately west of Escanaba on a reservation. The reservation, at , lies mostly in Harris Township in eastern Menominee Cou ...
since August 3, 2015. Potawatomi
The Potawatomi , also spelled Pottawatomi and Pottawatomie (among many variations), are a Native American people of the western Great Lakes region, upper Mississippi River and Great Plains. They traditionally speak the Potawatomi language, a m ...
society has traditionally recognized two-spirit
Two-spirit (also two spirit, 2S or, occasionally, twospirited) is a modern, , umbrella term used by some Indigenous North Americans to describe Native people in their communities who fulfill a traditional third-gender (or other gender-variant) ...
individuals who were born male but wore women's clothing and performed everyday household work and artistic handiwork which were regarded as belonging to the feminine sphere. Potawatomi two-spirit individuals, known as (, plural: ''mnedokwék''), "sought out female company" from an early age, possessed the "work skills" of both sexes, "talked like women", and were regarded as "esteemed persons with special spiritual powers". Ruth Landes
Ruth Landes (October 8, 1908 – February 11, 1991) was an American cultural anthropologist best known for studies on the Brazilian religion of Candomblé and her published study on the topic, ''City of Women'' (1947). Landes is recognized by som ...
reported in 1970 that they were "said to possess visions…but not to practice sorcery. 'Mnedokwék''exemplified a distinct category of 'power'." Two-spirit people are known in the Ojibwe language
Ojibwe , also known as Ojibwa , Ojibway, Otchipwe,R. R. Bishop Baraga, 1878''A Theoretical and Practical Grammar of the Otchipwe Language''/ref> Ojibwemowin, or Anishinaabemowin, is an indigenous language of North America of the Algonquian lan ...
as (), or also as ''niizh manidoowag'' (). Many ''agokwe'' were wives in polygnyous households. This two-spirit status thus allowed for marriages between two biological males to be performed among the tribe.
Demographics and marriage statistics
Data from the 2000 U.S. census
The United States census of 2000, conducted by the Census Bureau, determined the resident population of the United States on April 1, 2000, to be 281,421,906, an increase of 13.2 percent over the 248,709,873 people enumerated during the 1990 cen ...
showed that 15,368 same-sex couples were living in Michigan. By 2005, this had increased to more than 22,000 couples, likely attributed to same-sex couples' growing willingness to disclose their partnerships on government surveys. Same-sex couples lived in all counties
A county is a geographic region of a country used for administrative or other purposesChambers Dictionary, L. Brookes (ed.), 2005, Chambers Harrap Publishers Ltd, Edinburgh in certain modern nations. The term is derived from the Old French ...
of the state. Most couples lived in Wayne, Oakland
Oakland is the largest city and the county seat of Alameda County, California, United States. A major West Coast port, Oakland is the largest city in the East Bay region of the San Francisco Bay Area, the third largest city overall in the Bay A ...
and Macomb counties, but the county with the highest percentage of same-sex couples was Washtenaw (0.7% of all county households). Same-sex partners in Michigan were on average younger than opposite-sex partners, and more likely to be employed. However, the average and median household incomes of same-sex couples were lower than different-sex couples, and same-sex couples were also far less likely to own a home than opposite-sex partners. 18% of same-sex couples in Michigan were raising children under the age of 18, with an estimated 7,800 children living in households headed by same-sex couples in 2005.
2019 estimates from the United States Census Bureau
The United States Census Bureau (USCB), officially the Bureau of the Census, is a principal agency of the U.S. Federal Statistical System, responsible for producing data about the American people and economy. The Census Bureau is part of the ...
showed that there were 23,727 same-sex households in Michigan, representing about 0.6% of all households in the state. The bureau estimated that 53% of same-sex couples in the state were married.
Domestic partnerships
In May 2008, the Michigan Supreme Court
The Michigan Supreme Court is the highest court in the U.S. state of Michigan. It is Michigan's court of last resort and consists of seven justices. The Court is located in the Michigan Hall of Justice at 925 Ottawa Street in Lansing, the state ...
held that the amendment added to the State Constitution in 2004 banned not only same-sex marriage and civil unions, but also public employee domestic partnership benefits such as health insurance
Health insurance or medical insurance (also known as medical aid in South Africa) is a type of insurance that covers the whole or a part of the risk of a person incurring medical expenses. As with other types of insurance, risk is shared among ma ...
. The ruling, however, had little effect since most public employers relaxed their eligibility criteria to avoid violating the amendment's restrictions.
On September 15, 2011, the Michigan House of Representatives voted 64–44 to approve a bill that would have banned most public employers, though not colleges and universities, from offering health care
Health care or healthcare is the improvement of health via the prevention, diagnosis, treatment, amelioration or cure of disease, illness, injury, and other physical and mental impairments in people. Health care is delivered by health profe ...
benefits to the domestic partners of their employees. It did not apply to workers whose benefits are established by the Michigan Civil Service Commission
The Michigan Civil Service Commission is a four-member constitutional created commission to administer Michigan's classified state civil service and human resource functions.
History
Initially created in Michigan's 1908 Constitution, the commis ...
. On December 7, 2011, the Michigan State Senate approved the bill in a 27–9 vote. On December 22, 2011, Governor Rick Snyder
Richard Dale Snyder (born August 19, 1958) is an American business executive, venture capitalist, attorney, accountant, and politician who served as the 48th governor of Michigan from 2011 to 2019. A member of the Republican Party, Snyder previ ...
signed the legislation into law. Five same-sex couples challenged the law in ''Bassett v. Snyder''. On June 28, 2013, U.S. District Judge David M. Lawson
David M. Lawson (born January 11, 1951) is a Senior United States district judge of the United States District Court for the Eastern District of Michigan.
Education and career
Born in Detroit, Michigan, Lawson graduated from Brother Rice High ...
issued a preliminary injunction
An injunction is a legal and equitable remedy in the form of a special court order that compels a party to do or refrain from specific acts. ("The court of appeals ... has exclusive jurisdiction to enjoin, set aside, suspend (in whole or in pa ...
blocking the state from enforcing its law banning local governments and school districts from offering health care benefits to their employees' domestic partners. He wrote: "It is hard to argue with a straight face that the primary purpose—indeed, perhaps the sole purpose—of the statute is other than to deny health benefits to the same-sex partners of public employees. But that can never be a legitimate governmental purpose". He rejected the state's arguments that "fiscal responsibility" was the law's rationale. On February 14, 2014, the state asked him to lift that preliminary injunction, repeating its arguments about the "fiscal insecurity of local governments" and eliminating "irrational and unfair" local programs. On November 12, 2014, Judge Lawson issued a permanent injunction barring the state from enforcing this law.
Local domestic partnerships
While there are no statewide recognition, these local governments recognize domestic partnerships: Ann Arbor
Anne, alternatively spelled Ann, is a form of the Latin female given name Anna (name), Anna. This in turn is a representation of the Hebrew Hannah (given name), Hannah, which means 'favour' or 'grace'. Related names include Annie (given name), ...
,[Governments Offering Benefits](_blank)
/ref> Detroit
Detroit ( , ; , ) is the largest city in the U.S. state of Michigan. It is also the largest U.S. city on the United States–Canada border, and the seat of government of Wayne County. The City of Detroit had a population of 639,111 at th ...
, East Lansing
East Lansing is a city in the U.S. state of Michigan. Most of the city lies within Ingham County with a smaller portion extending north into Clinton County. At the 2020 Census the population was 47,741. Located directly east of the state capital ...
, and Kalamazoo
Kalamazoo ( ) is a city in the southwest region of the U.S. state of Michigan. It is the county seat of Kalamazoo County. At the 2010 census, Kalamazoo had a population of 74,262. Kalamazoo is the major city of the Kalamazoo-Portage Metropolit ...
, as well as Ingham, Washtenaw, and Wayne counties.
Public opinion
{, class="wikitable"
, +style="font-size:100%" , Public opinion for same-sex marriage in Michigan
, -
! style="width:190px;", Poll source
! style="width:200px;", Date(s)
administered
! class=small , Sample
size
! Margin of
error
! style="width:100px;", % support
! style="width:100px;", % opposition
! style="width:40px;", % no opinion
! style="width:40px;", % refused
, -
Public Religion Research Institute
, align=center
March 8–November 9, 2021
, align=center, ?
, align=center, ?
, align=center, 70%
, align=center, 28%
, align=center, 2%
, align=center, -
, -
Public Religion Research Institute
, align=center
January 7–December 20, 2020
, align=center, 1,670 random telephone
interviewees
, align=center, ?
, align=center, 67%
, align=center, 29%
, align=center, 4%
, align=center, -
, -
Public Religion Research Institute
, align=center
April 5–December 23, 2017
, align=center, 2,348 random telephone
interviewees
, align=center, ?
, align=center, 63%
, align=center, 29%
, align=center, 8%
, align=center, -
, -
American Values Atlas/Public Religion Research Institute
, align=center
May 18, 2016–January 10, 2017
, align=center, 2,997 random telephone
interviewees
, align=center, ?
, align=center, 56%
, align=center, 36%
, align=center, 8%
, align=center, -
, -
American Values Atlas/Public Religion Research Institute
, align=center
April 29, 2015–January 7, 2016
, align=center, 2,379 random telephone
interviewees
, align=center, ?
, align=center, 54%
, align=center, 38%
, align=center, 8%
, align=center, -
, -
New York Times/CBS News/YouGov
, align=center, September 20–October 1, 2014
, align=center, 2,560 likely voters
, align=center, ± 2.4%
, align=center, ''47%''
, align=center, 39%
, align=center, 14%
, align=center, -
, -
EPIC-MRA
, align=center, September 25–29, 2014
, align=center, 600 adults
, align=center, ± 4%
, align=center, ''47%''
, align=center, ''47%''
, align=center, 6%
, align=center, -
, -
EPIC-MRA
, align=center, May 17–20, 2014
, align=center, 600 likely voters
, align=center, ± 4%
, align=center, ''47%''
, align=center, 46%
, align=center, 7%
, align=center, -
, -
American Values Atlas/Public Religion Research Institute
, align=center
April 2, 2014–January 4, 2015
, align=center, 1,670 random telephone
interviewees
, align=center, ?
, align=center, 55%
, align=center, 37%
, align=center, 5%
, align=center, -
, -
Marketing Resource Group of Lansing
, align=center, March 2014
, align=center, ?
, align=center, ?
, align=center, 45%
, align=center, 50%
, align=center, 5%
, align=center, -
, -
, align=center, December 16, 2013–February 10, 2014
, align=center, 1,008 adults
, align=center, ± 3.1%
, align=center, 54%
, align=center, 36%
, align=center, -
, align=center, -
, -
Glengariff Group Inc.
, align=center, January 29–February 1, 2014
, align=center, 600 likely voters
, align=center, ± 4%
, align=center, 56.2%
, align=center, 33.8%
, align=center, -
, align=center, -
, -
Glengariff Group Inc.
, align=center, May 8–10, 2013
, align=center, 600 voters
, align=center, ± 4%
, align=center, 56.8%
, align=center, 37.6%
, align=center, 5.6%
, align=center, -
, -
EPIC-MRA
, align=center, May 2013
, align=center, 600 likely voters
, align=center, ± 4%
, align=center, 51%
, align=center, 41%
, align=center, 8%
, align=center, -
, -
State of the State Survey
, align=center, June 12–August 13, 2012
, align=center, 1,015 adults
, align=center, ?
, align=center, 56%
, align=center, 39%
, align=center, 5%
, align=center, -
, -
Public Policy Polling
, align=center, May 24–27, 2012
, align=center, 500 voters
, align=center, ± 4.4%
, align=center, 41%
, align=center, ''45%''
, align=center, 14%
, align=center, -
, -
Glengariff Group Inc.
, align=center, May 10–11, 2012
, align=center, 600 likely voters
, align=center, ± 4%
, align=center, ''44.3%''
, align=center, 43.7%
, align=center, 11%
, align=center, 1%
, -
Public Policy Polling
, align=center, July 21–24, 2011
, align=center, 593 voters
, align=center, ± 4%
, align=center, 33%
, align=center, 53%
, align=center, 14%
, align=center, -
, -
Glengariff Group Inc.
, align=center, January 2011
, align=center, ?
, align=center, ?
, align=center, 38.5%
, align=center, 50.2%
, align=center, 11.3%
, align=center, -
, -
State of the State Survey
, align=center, 2010
, align=center, ?
, align=center, ?
, align=center, 48%
, align=center, 51%
, align=center, 1%
, align=center, -
, -
Glengariff Group Inc.
, align=center, October 2004
, align=center, ?
, align=center, ?
, align=center, 24%
, align=center, 61%
, align=center, 15%
, align=center, -
, -
See also
*LGBT rights in Michigan
Lesbian, gay, bisexual, and transgender (LGBT) persons in the U.S. state of Michigan enjoy the same rights as non-LGBT residents. Same-sex sexual activity is legal in Michigan under the US Supreme Court case Lawrence v. Texas, although the stat ...
*Michigan Proposal 04-2
Michigan Proposal 04-2
, Michigan Department of State. Accessed 19 December 2006. of 2004, is an ...
*Domestic partnership in the United States
In the United States, domestic partnership is a city-, county-, state-, or employer-recognized status that may be available to same-sex couples and, sometimes, opposite-sex couples. Although similar to marriage, a domestic partnership does not con ...
*Same-sex marriage in the United States
The availability of legally recognized same-sex marriage in the United States expanded from one state (Massachusetts) in 2004 to all fifty states in 2015 through various court rulings, state legislation, and direct popular votes. States each ...
References
{{Same-sex marriage in the United States
LGBT rights in Michigan
Michigan
Michigan () is a state in the Great Lakes region of the upper Midwestern United States. With a population of nearly 10.12 million and an area of nearly , Michigan is the 10th-largest state by population, the 11th-largest by area, and the ...
2014 in LGBT history
2015 in LGBT history
2014 in Michigan
2015 in Michigan